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| Forum | Topics | Posts | Last post | |
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General Discussions, Forum Registration, and ID Theft and Credit-Related News Stories
Subforums: General Discussion, News Stories on Identity Theft, Personal Data Thefts and Credit Reporting Abuses, Current Cases, Lawyer Jokes |
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565 |
Tue Apr 04, 2006 3:06 am David A. Szwak
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FCRA Statute and Defined Terms Under the FCRA |
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FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq. | 78 |
102 |
Thu Mar 09, 2006 2:54 am David A. Szwak
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What is a Consumer [Credit] Reporting Agency? | 30 |
41 |
Sat Mar 18, 2006 8:01 pm David A. Szwak
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What is a Consumer [Credit] Report? | 28 |
33 |
Sat Dec 10, 2005 10:35 pm David A. Szwak
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Resellers: Who are They? What Do They Do? Are They Liable Under the FCRA? | 15 |
20 |
Tue Mar 07, 2006 12:27 am David A. Szwak
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Investigative Consumer [Credit] Reports
This Folder examines investigative consumer [credit reports] and the special rules governing those reports and claims which may be asserted for violations concerning this special category of reports. |
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9 |
Sat Mar 18, 2006 8:26 pm David A. Szwak
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How to Get Your Credit Reports and How and Who to Write Your Dispute Letters to |
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How To Get Your Credit Reports
Where credit reports can be acquired. |
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9 |
Wed Dec 07, 2005 2:13 am David A. Szwak
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Dispute Letters | 16 |
36 |
Fri Mar 31, 2006 5:10 am David A. Szwak
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Do You Have To Pay For Your Credit Report?
and if so, how much? |
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3 |
Mon Dec 19, 2005 10:51 pm David A. Szwak
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FCRA Private Rights of Action and Duties Imposed by the FCRA |
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Impermissible Access: 15 U.S.C. 1681b[f] and 1681q
Who can pull a credit report and when can they pull it. |
168 |
177 |
Sat Mar 25, 2006 5:35 am |
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Front End Duties of the Credit Reporting Agencies: 15 U.S.C. 1681e(b)
Maximum Possible Accuracy |
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82 |
Wed Mar 22, 2006 6:04 pm Guest
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Back End Duties of the CRAs: 1681i[a]:
Reasonable Reinvestigation |
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106 |
Mon Mar 27, 2006 1:47 am |
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Credit Bureau's Duty to Provide Consumer Documentation to Furnisher: 1681i[a][2][B]
This Folder discusses issues pertaining to credit bureau reinvestigations with emphasis on the Agencies' duty to provide its furnishers with all relevant information and copies of documents supplied by the consumer as part of the dispute to the Agency |
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Fri Feb 17, 2006 1:53 am Guest
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Duty to Add a Consumer's Dispute Statement in Association with a Specific Account and In Connection with the Credit File/Report: 15 U.S.C. 1681i[c] | 27 |
28 |
Tue Jan 10, 2006 3:16 am David A. Szwak
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Furnisher FCRA Liability: 15 U.S.C. 1681s-2
Furnishers are those persons who report data to the credit reporting agencies |
62 |
96 |
Mon Apr 03, 2006 3:00 am David A. Szwak
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Failing to Mark Contested Accounts As Disputed: 15 U.S.C. 1681s-2[a][3]
Obligation of the furnisher of credit data to advise the credit reporting agencies that the consumer has contested the subject account; a comment and flag is to be placed on the disputed account |
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Wed Feb 01, 2006 4:04 am David A. Szwak
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Obsolescence: When Must the Credit Reportings Come Off of the Credit Report: 15 U.S.C. 1681c
This Folder Examines the Differing Time Periods That the Various Types of Credit Data May be Retained in Your Credit File. The Related Re-Aging Folder Also Contained in This Forum Examines the Known, Deceptive Trade Practice of Tampering With the Reporting to Avoid Automated Purge Mechanisms at the Bureaus. |
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Wed Mar 22, 2006 6:10 pm Guest
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Duty to Notate Disputed Accounts As Such: 15 U.S.C. 1681c[f] | 4 |
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Mon Nov 07, 2005 4:59 am David A. Szwak
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Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA | 30 |
32 |
Wed Feb 08, 2006 2:47 am David A. Szwak
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Credit Solicitations Are Required to be Clear and Conspicuous: 1681m[d]
This forum addresses 15 U.S.C. 1681m[d] and the requirement in the FCRA that credit solicitations that you receive are required to be clear and conspicuous. Carefully consider whether you have a private right of action or whether the FTC or other governmental agencies must enforce this provision. |
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Sat Apr 01, 2006 7:03 pm David A. Szwak
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Potential Exposure For Sanctions Due to Filing Bad Faith FCRA Cases: 15 U.S.C. 1681n[c], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11 | 12 |
12 |
Wed Feb 08, 2006 3:00 am David A. Szwak
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Credit Repair Organizations Act [CROA]
Persons Performing Ilegal "Credit Repair" and Liability For Such Acts |
24 |
36 |
Sat Mar 18, 2006 7:48 pm David A. Szwak
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Common Credit Report Errors and Agency Misconduct |
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Credit Errors
Get information and post information on credit report errors not involving theft of identity. |
41 |
57 |
Wed Mar 15, 2006 1:28 am |
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Theft of Identity
Get information and post information on theft of identity issues. |
76 |
108 |
Tue Apr 04, 2006 3:06 am David A. Szwak
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Mixed File Cases
Father-Son, Mother-Daughter, Junior-Senior-Trey [Generational Designators], Common Names, Variations on Social Security Numbers and Other Mixed File Issues |
45 |
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Mon Jan 02, 2006 5:10 am David A. Szwak
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Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings | 12 |
14 |
Wed Mar 22, 2006 6:06 pm Guest
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Reinsertion of Previously Deleted Data: How and When Can It Happen? | 23 |
23 |
Sat Dec 10, 2005 10:46 pm David A. Szwak
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VIP Databases and Offline Status | 5 |
6 |
Tue Jan 03, 2006 5:20 am David A. Szwak
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Deceased Reporting Cases
This Folder Examines Those Cases Where the Credit Reporting Agencies [or Furnishers] Report You as Deceased When You Are Plainly Alive |
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Tue Jan 17, 2006 2:31 am David A. Szwak
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Causation: The Crucial Link Between Breach of a Duty and Damages |
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Causation to Damage [Proving Your Damages Are Related to and Caused by the Defendants
Proving the proximate and legal cause of your damages may be more tricky than you think. |
22 |
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Wed Feb 15, 2006 2:12 am David A. Szwak
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Types of Damages, Remedies, and Awards Under the FCRA and Related State Law Claims |
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Damages Under FCRA | 64 |
94 |
Fri Feb 10, 2006 6:09 am David A. Szwak
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Punitive Damages: 15 U.S.C. 1681n | 28 |
50 |
Mon Mar 27, 2006 1:53 am |
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Injunctive Relief: FCRA and State Law | 21 |
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Mon Apr 03, 2006 2:47 am David A. Szwak
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Attorneys' Fees, Litigation Expenses and Costs:
When Can You Recover Them and How? Costs Under 28 USC 1920, Expert Witness Fees, and Other Non-Damage Awards;
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Wed Mar 01, 2006 12:31 am |
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Declaratory Relief Under the FCRA
Can you pursue private rights to declaratory judgments and relief under the FCRA? |
5 |
5 |
Sat Mar 18, 2006 8:13 pm |
What is Your Potential Case Worth? Other Case Verdicts, etc. |
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FCRA Jury and Bench Trial Verdicts | 69 |
84 |
Fri Jan 06, 2006 3:52 am David A. Szwak
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Other Federal Laws Related to Credit Reporting, Data Privacy, Billing Errors and ID Theft |
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FDCPA Statute And Amendments: 15 U.S.C. 1692, et. seq. | 7 |
11 |
Sun Mar 05, 2006 7:18 pm |
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Fair Credit Billing Act, 15 U.S.C. 1666, et. seq. | 12 |
17 |
Tue Jan 24, 2006 5:49 am David A. Szwak
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State Law Claims Related to Credit Reporting, Billing Errors, Privacy Breaches and ID Theft |
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Invasion of Privacy: State Law | 19 |
22 |
Thu Dec 29, 2005 6:17 am David A. Szwak
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Defamation: State Law | 34 |
51 |
Fri Jan 27, 2006 3:28 am David A. Szwak
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Interference With Prospective Credit: State Law | 11 |
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Tue Jan 24, 2006 6:05 am David A. Szwak
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Interference With Marital/Family Relations: State Law | 2 |
2 |
Tue Dec 06, 2005 3:19 am David A. Szwak
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Infliction of Emotional Distress/Mental Anguish: State Law | 15 |
17 |
Sat Mar 18, 2006 7:45 pm David A. Szwak
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Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Pre-Trial Jurisdicti |
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Removal of FCRA Cases From State Court To Federal Court | 21 |
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Mon Feb 13, 2006 3:18 am David A. Szwak
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Personal Jurisdiction and Venue in Credit Reporting Cases
Can You Bring Your Case Against a Defendant in a Particular Court? Do You Have Jurisdiction Over the "Person" of the Defendant? Is Venue Proper? |
54 |
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Mon Mar 13, 2006 4:56 am David A. Szwak
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FCRA Litigation Strategies and Procedural Issues and Law |
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Settlements, Releases, Prevailing Party Status, and Other Things You Need to Know If You Resolve Your Case Before Judgment | 19 |
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Thu Mar 02, 2006 1:38 am David A. Szwak
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Offers of Judgment In FCRA Litigation
Federal and State Rules of Procedure provide cost and sometimes attorney's fee shifting mechanisms for defendants to attempt to force plaintiffs/consumers to accept proposed settlements. This forum provides a source of information for how these rules may impact the litigation. |
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Mon Dec 12, 2005 9:00 pm David A. Szwak
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Do You Have a Right to Bring Claims and How Long Do You Have? |
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Statute Of Limitation: 15 U.S.C. 1681p | 22 |
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Wed Feb 08, 2006 3:50 am David A. Szwak
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Standing to Sue
Who has the right to bring FCRA and related claims for credit reporting abuses? What if the plaintiff dies? Can a spouse join in the suit for damages? |
18 |
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Sun Mar 12, 2006 12:21 am |
Secret Documents, Product Information and Testimony |
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Choicepoint Secret Documents:
Types, Names, Descriptions, Testimony |
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54 |
Thu Mar 16, 2006 3:54 am David A. Szwak
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Equifax/CSC and Affiliates Secret Documents:
Types, Names, Descriptions, Testimony |
28 |
36 |
Thu Mar 16, 2006 3:53 am David A. Szwak
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Experian Secret Documents
Names, Types, Descriptions, Testimony |
131 |
229 |
Tue Mar 07, 2006 12:30 am David A. Szwak
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Innovis Secret Documents:
Types, Names, Descriptions, Testimony |
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3 |
Fri Nov 04, 2005 5:23 am David A. Szwak
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Trans Union Secret Documents
Types, Names, Descriptions, Testimony |
56 |
83 |
Mon Apr 03, 2006 2:52 am David A. Szwak
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Respondeat Superior, Vicarious Liability, and Whether Others Are Liable |
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Liability For Employee's FCRA Violations? Liability For FCRA Violations by Third Parties?
Vicarious Liability/Respondeat Superior
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8 |
8 |
Wed Dec 21, 2005 9:42 pm David A. Szwak
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FCRA Preemption, Immunity, and Qualified Immunity |
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FCRA Preemption: 15 U.S.C. 1681t[b][1][F] and Related Discussions | 24 |
26 |
Mon Apr 03, 2006 2:56 am David A. Szwak
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FCRA Qualified Immunity: 15 U.S.C. 1681h[e] and Related Discussions | 13 |
17 |
Mon Mar 27, 2006 1:49 am |
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States/Govermental Immunity From FCRA Claims?
This Folder looks at issues of whether and how you can bring FCRA cases against Governmental Bodies or Agents/Employees who may violate the FCRA. Many such agencies and agents access credit files secretly while others report/furnish data to the credit reporting agencies. Does the 11th Amendment [Sovereign Immunity] prevent such suits? Do other immunity statutes prevent such suits? |
14 |
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Fri Mar 10, 2006 2:33 am David A. Szwak
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Jury Voir Dire, Instructions, Verdict Forms, etc. |
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Jury Instructions and Jury Verdict Forms | 3 |
3 |
Thu Oct 27, 2005 2:42 am David A. Szwak
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Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias | 26 |
38 |
Fri Jan 13, 2006 5:53 am David A. Szwak
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Credit Card Issues |
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Credit Card Liabilities
Identity Theft, Account Takeover, Unauthorized Use, Misuse, Apparent Authority, Authorized Use. |
64 |
75 |
Tue Apr 04, 2006 3:05 am David A. Szwak
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Credit Scores, Adverse Action Codes, and Other Report Codes |
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Credit Scores, Adverse Action Codes, Risk Factors, Denial Codes and Other Scores and Codes Supplied by the Credit Reporting Agencies | 19 |
26 |
Tue Mar 14, 2006 10:06 pm Guest
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The Mechanics of Credit Reporting |
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Public Records Reportings [Non-Bankruptcy] | 20 |
31 |
Sun Jan 15, 2006 6:05 am David A. Szwak
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Bankruptcy Reporting
Information that should and should not be reported where there is a bankruptcy. |
91 |
138 |
Fri Mar 31, 2006 4:33 pm |
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Student Loan Credit Reporting | 2 |
3 |
Mon Feb 06, 2006 8:26 am David A. Szwak
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Metro Tape [I and II]: Standardized Credit Reporting Formats Used by the Credit Industry
Subforum: Defense Counsel Abuses and War Stories |
6 |
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Fri Jan 20, 2006 5:56 am David A. Szwak
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Defenses Asserted by Industry and Abuse Stories |
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Defenses Asserted by Credit Reporting Defendants
Defenses frequently include comparative fault, failure to mitigate, third party fault, offset, contribution, impleading a third party, laches, and many others. How do you handle these defenses? Can the defendant's witness explain facts to support the asserted defenses? |
6 |
7 |
Sat Jan 28, 2006 3:07 am David A. Szwak
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What Law Applies? Problems Barring Use of the Court and Law |
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Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses | 62 |
77 |
Mon Mar 27, 2006 1:30 am |
FCRA Legal Forms [Suits, Discovery, etc.] |
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Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit | 55 |
67 |
Wed Feb 08, 2006 3:02 am David A. Szwak
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FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings | 36 |
54 |
Sun Mar 05, 2006 7:16 pm |
FCRA Class Actions and Class Issues |
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FCRA Class Actions | 27 |
33 |
Tue Jan 24, 2006 6:11 am David A. Szwak
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Special Evidentiary Issues: What is Evidence? |
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Evidentiary Issues in FCRA Cases | 21 |
32 |
Tue Feb 21, 2006 12:15 pm David A. Szwak
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